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(영문) 광주지방법원 2019.05.10 2018나5863
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Plaintiff lent KRW 25,00,000 to the Defendant on April 27, 2001, which determined the due date for payment on May 31, 2001, does not conflict between the parties, or is recognized by the purport of the entry of the evidence No. 1 and the entire pleadings.

Therefore, barring special circumstances, the defendant is obligated to pay the above loan and damages for delay to the plaintiff.

2. As to the defendant's defense, since the defendant's defense was proved to have expired by the statute of limitations on the above loans, the defendant's defense is identical to the above facts. The plaintiff's lawsuit of this case was filed on September 2, 201 after the lapse of 10 years from the lawsuit of this case, and it is obvious that the plaintiff's claim of this case had already expired by the statute of limitations prior to the lawsuit of this case. Thus, the defendant's defense is justified.

3. According to the conclusion, the plaintiff's claim of this case must be dismissed as there is no reasonable ground.

The judgment of the first instance court, which has different conclusions, is unfair, so the plaintiff's claim is revoked and dismissed.

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